DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Water Australia Pty Ltd
(AG2014/10867)

VEOLIA WATER OPERATIONS PTY LTD KURNELL PLANT TECHNICIANS ENTERPRISE AGREEMENT 2014

Water, sewerage and drainage services
VICE PRESIDENT LAWLER	SYDNEY, 6 MARCH 2015

Application for approval of the Veolia Water Operations Pty Ltd Kurnell Plant Technicians Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Water Operations Pty Ltd Kurnell Plant Technicians Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Veolia Water Operations Pty Limited. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers that organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 March 2015. The nominal expiry date of the Agreement is 30 June 2017.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Veolia Water Australia Pty Ltd applied to the Fair Work Commission for approval of the Veolia Water Operations Pty Ltd Kurnell Plant Technicians Enterprise Agreement 2014. The Fair Work Commission was required to determine whether the agreement was in the interests of employees and employers, and whether it contained the necessary provisions to meet the requirements of the Fair Work Act 2009.

The main legal issues before the Commission were whether the agreement provided for appropriate pay and conditions, and whether it met the requirements of the Fair Work Act. The Commission considered whether the agreement was a “good faith” agreement and whether it provided for the appropriate balance of rights and obligations for both parties.

The Commission found that the agreement was a good faith agreement that provided for appropriate pay and conditions for employees. The Commission also found that the agreement met the requirements of the Fair Work Act. The Commission approved the agreement, finding that it was in the interests of both employees and employers, and that it provided for the appropriate balance of rights and obligations.

The Fair Work Commission approved the Veolia Water Operations Pty Ltd Kurnell Plant Technicians Enterprise Agreement 2014, subject to certain conditions. The agreement provides for appropriate pay and conditions for employees, and meets the requirements of the Fair Work Act. The Commission found that the agreement was a good faith agreement that was in the interests of both employees and employers.

Veolia Water Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established